General terms and conditions for Professionals

General terms and conditions for Professionals

Acceptance of the contract

This document contains the contract conditions defined by HumanSurge SL for the provided service to the users of the website http://humansurge.org/.

These general terms and conditions constitute a contract between HumanSurge SL and the User. For this reason, the User must read them carefully before registering on the platform. Once you register, we understand you expressly accept and are bound by this agreement.

Special terms and conditions

Some services may have their own particular terms and conditions. If this is the case, the User will be warned of such circumstances.

Signing parts of the contract

This contract is signed between the User and HumanSurge SL with CIF B87447496 and registered company address Calle Duque de Rivas 5, 28012 Madrid (Spain) as owner of the platform hosted under the domain http://humansurge.org/

Elements of this contract

In addition to these conditions, the “privacy policy”, the “cookies policy”, and the “legal notice and conditions of use of the website” are part of this contract, notwithstanding other special terms and conditions as mentioned above.

Modification of this contract

HumanSurge reserves the right to modify these conditions, at any time and at its discretion, with prior notice that they are going to be modified. The notice could be sent by email to the User or through a visible warning on the website http://humansurge.org/. The changes performed will come into force thirty (30) days after the notification of the modification.

The last version of these conditions which are applied to the service is the one available on the following URL http://humansurge.org/en/professional-terms-and-conditions.

Use of service after updating the conditions implies that the Client agrees to the new conditions.

Definitions

HumanSurge S.L.: is the organization who owns the “platform” which is made available to the User through these terms and conditions. The organization is mentioned, throughout this contract, as “HumanSurge”.

General terms and conditions for Professionals: also mentioned as “contract” or “agreement” in this document. This, in its entirety, constitutes the general terms and conditions for professionals, which is a binding contract between HumanSurge SL and the User.

The contract specifies the terms in which the service will be provided by HumanSurge SL and the rights and obligations of each party.

User: the individual that registers and uses this platform as a professional specialized in work that may be of interest to the organizations, and who uses the services of the platform so that organizations interested in their services can contact them. This is with reference to the information the User has uploaded onto the platform about their professional profile.

The User is the person who, as an individual, registers on the website and accepts this Contract.

Organizations: the entities that can contact the User to offer available jobs depending on their needs and the specialty defined by the User to perform the job.

HumanSurge verifies the contact data and web address provided by the organizations are correct when they register on the platform, but we do not have means to check the legitimacy of such organizations nor can we assume responsibility in this matter.

Platform: is the website with all its content and services made available to the User under the URL http://humansurge.org/ and its different subdomains. The purpose of the platform is to make available to the User the organizations potentially interested in hiring the User’s services and the ability for such organizations to contact them.

The service offered to the User through the platform is limited to facilitating contact between the Organization and the User. Any link in the form of a contract, business or any other kind, which may arise out of the established contact between the Organization and the User, is out of the scope of service of the platform and the services offered by HumanSurge. Therefore it will be the User’s responsibility to agree upon the conditions of collaboration and work with the Organization that may be interested in their services.

Cause of force majeure: means that an event may occur causing damage without HumanSurge having been able to foresee it or avoid it, despite establishing preventive measures to prevent their happening.

Effective date: is the day in which this contract begins to apply to the User.

Object of the contract

The purpose of the platform is for the registered organizations on the platform to be able to establish contact with the User whenever they may be interested in hiring services from specialized professionals. Locating the professional they need will be determined by the profile defined by the User on the platform regarding their skills, capacities, and professional availability. This way, for the organizations to be able to find the User’s profile, the User will provide their data to the organizations through the platform.

Through this Contract, HumanSurge makes available to the User the possibility of being hired by organizations that may be interested in their professional profile.

Registration and access to the service

Registration on the platform

To be able to access the service, the User must register and create an account on the platform through the URL: http://humansurge.org/

Once registered, the User must provide information to complete their professional profile, so the organizations have the necessary information to assess if they may require the User’s services.

The User must provide truthful and real information and must keep their data constantly updated. If they upload photographs to the platform these must be of themselves and not of third parties. Likewise, the User will only be able to have one registered account on the platform, which will be associated to their real identity.

Management of the password

To guarantee the security of the service it is necessary that the User chooses an access password at the point of registration. The password chosen by the User to access the services is personal, confidential, and non-transferable. The User will be solely responsible for keeping it secret, as well as the consequences of its loss or disclosure, intentional or accidental, and exempt HumanSurge from any liability that may arise from any misuse of the User’s account by unauthorized third parties, making use of disclosed passwords.

We recommend the User the use of strong passwords made up of various characters (alphanumeric, signs, numbers), with a minimum of six characters and not being able to be easily deduced.

Allowed use only to users of legal age

Registration on this platform of those individuals under eighteen (18) years old is prohibited. The parents or guardians of minors will be held accountable for the acts carried out by minors under their care for unauthorized registration and use of HumanSurge.

Data supplied

The treatment of personal data supplied by the User is regulated in accordance with the terms set forth in the "treatment of personal data" in this contract.

Effective date and duration of the contract

Effective date

This contract will be effective from the moment the User accepts it when registering on the platform.

Duration of the contract

The duration of the contract will be unlimited, whilst the User decides to use the platform. The User will be able to cancel their account on the platform at any time and terminate the contract.

In the case of payment services which are or may be enabled for the User on the platform, these shall be governed by its own particular terms and conditions that determine its length of service or specific services.

Cost of the service

The service offered to the User through these general terms and conditions is free. In the case of subscribing payment services for the User, the price will be expressly specified and the service will be regulated by its own terms and conditions.

Updates to the platform

HumanSurge can make periodic changes and updates to the platform to add new features and services that may involve changing its appearance. Such modifications and updates will always be focused on improving the User’s experience with the platform, and who expresses agreement with such possibility when accepting this contract.

Intellectual property rights

HumanSurge makes available to the User, through this contract, the platform without it involving the transfer of any intellectual property rights from HumanSurge in favor of the User, beyond the use of the platform.

The information and content the User uploads and publishes on the platform are the exclusive property of the User. In the case the User uploads content of third parties, the User will ensure they have the necessary authorization for its use.

In order for HumanSurge to be able to make use of the content of the User on the platform, the User gives HumanSurge a license of use to this content, which is non-exclusive, transmissible, and can be sub-licensed, in any geographic location, worldwide. Such license will be terminated if the User removes the content and cancels their account on the platform. Except for content which has in turn been shared by third parties.

The license is given according to the legislation of the Consolidated Text of the Spanish Intellectual Property Law.

Industrial property

The trademarks and trade names of HumanSurge, as well as their domain names and any other logos and signs which identifies the services of HumanSurge, are owned by HumanSurge. This agreement does not imply any transfer or right of use over them in favor of the User.

Forbidden use of the platform for illegal and immoral purposes or purposes contrary to public policy

It is forbidden to use the platform for illegal and immoral purposes or purposes contrary to public policy. HumanSurge may terminate this Contract if they detect the User is using the platform for such purposes.

The User is solely responsible for having the legal permission and necessary authorization to provide the services they offer to the organizations within their field of activity, and using the platform according to applicable law in any geographical area, worldwide. HumanSurge does not perform any prior verification of content before it is uploaded to the platform, therefore the User is solely responsible for the published content on the platform and the legality, accuracy, and legitimacy of said content.

The User is responsible for any illicit use of the platform made by them and absolves HumanSurge of any kind of responsibility in that regard.

Among the illicit uses of the platform, which are not consented by HumanSurge, and stand emphasized: the use of the platform to upload, publish, send, transmit, or make available to third parties information of any kind that may be illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, intrusive against the intimacy or the honor of third parties, racist, homophobic, or discriminatory in any way - as well as any information that may threaten or violate minors in any way. This list is to exemplify and make explicit certain illicit uses, the list is in no way exclusive nor limiting of the illicit uses not consented by HumanSurge.

The User also agrees to compensate HumanSurge for any damage that may be requested by or made to HumanSurge as consequence of a court or arbitral procedure initiated at the request of a third party, whose rights may have been transgressed or violated by illegal use of the platform by the Client.

Treatment of personal data

User consent for the treatment of their personal data

In compliance with the requirements demanded by the Organic Law of Protection of Personal Data, HumanSurge informs the User that the personal data they provide during the initial registration on the platform, as well as any other data that may be provided by the User in due course through use of the platform, primarily on the file they complete with their professional profile, will be incorporated into an automated file owned by HumanSurge, being properly notified to the Spanish Agency of Data Protection and is available at the following address, entering the name “HumanSurge” in the box referring to the “corporate name of the party responsible for the data”.

http://www.agpd.es/portalwebAGPD/ficheros_inscritos/titularidad_privada/index-ides-idphp.php.

The data provided by the User will be treated for the purpose of processing their registration on the platform and managing its use in order for organizations to be able to identify the User’s professional profile and contact with the User.

The form that collects data of the User to complete their profile includes blank fields in which the User can provide the data they consider suitable about themselves regarding their professional capacities. Due to that data being accessible to organizations, we recommend the User to not provide sensitive information such as health or religious beliefs or any other kind of confidential and sensitive data. Any sensitive information the User may consider relevant for the organization in that way and for the development of their professional service, we recommend it to be communicated directly to the interested organization via telephone, but not through the platform, where there is no control for the User over the individuals, representatives of the organizations who are user on the platform, and who will access such data.

Likewise, HumanSurge will use the electronic address provided by the User during registration to occasionally send them commercial information of the services and offers from HumanSurge and promote the use of the service by the User. The User will be able to cancel their subscription to such emails as indicated within those emails.

Some search engines external to HumanSurge could show on their search lists a link to the public profile of the User within the platform. Such public profile will include the first name of the User and a brief explanation of their professional profile.

By accepting this contract the Client gives their content to HumanSurge to be able to process the data with the purposes described previously.

User consent to communicate their data to the organizations

The ultimate purpose of the platform is that organizations will be able to contact the User whenever they may be interested in their professional profile.

For that reason, the data the User provides through the platform will be accessible to the organizations registered on the platform. From their administration panel of the platform, the organizations will have access to the first name of the User and the data that the User has provided about their professional profile when filling in the information file on the platform.

Also, if an organization shows a specific interest in any User, and contacts the User through the platform, who subsequently confirms interest in the organization and the professional job opening at the organization, then HumanSurge will facilitate the contact data related to the telephone number and email through the platform, to be able to contact the User.

By accepting this contract, the User gives their consent to HumanSurge to be able to communicate the data mentioned in this section to the organizations users on the platform in accordance to the requisites described in this section.

Exercise of the rights of the User for the control of their personal data

The User can exercise their rights of access, rectification, cancelation, and opposition to the legal terms by means of sending an email to the following address dataprotection@humansurge.org

Providers in which HumanSurge relies for providing the service

In order to ensure adequate technical safeguards, HumanSurge hires trusted external service providers to give support to the technology services required to operate the platform.

Precisely, HumanSurge works with the hosting and technology infrastructure provider Dinahosting, owned by the company Dinahosting SL, and Digital Ocean, owned by the company Digital Ocean Inc., whose servers are located within the territory of the European Economic Area and whose privacy policy can be consulted on the following link.

https://dinahosting.com/legal/proteccion-datos

https://digitalocean.com/legal/privacy

When entering in a contract with HumanSurge, the User authorizes the storage of personal data that they provide to HumanSurge to be stored in the centers of data protection of the aforementioned providers.

Furthermore, the User expresses their agreement with the fact that the availability of the platform for the service to be provided will be determined by the fulfillment of the service from Dinahosting and Digital Ocean to HumanSurge with respect to their own infrastructure.

Maintenance of the platform

With the purpose of providing a better service to the User, HumanSurge will be able to take actions directed to the maintenance and updating of the platform. Such maintenance and updating may generate temporary momentary suspensions of the service, in such circumstances, HumanSurge will inform the User in due time.

Limitation of responsibility and guarantees

The platform is designed to comply with the needs associated to the provision of services given by HumanSurge through it. However, HumanSurge cannot guarantee that there will be no interruptions to the service, nor that the service will be completely free of errors.

HumanSurge services are limited to a software platform, made available to the Client and the professionals registered on it, that allows both parties to contact each other to cover their professional needs.

When an organization registers on the platform, HumanSurge makes some checks to verify the data provided by that organization are valid. Beyond that check, HumanSurge cannot be responsible for the legitimacy of the organization or of the information its representatives provide. It is the User’s responsibility to verify the credentials of the organizations in which s/he is interested in collaborating with and the offer such organizations make to them, once in contact.

HumanSurge cannot guarantee to the User that the organizations will select them, in spite of being registered on the platform and, independently of the time the User has been registered on it. Registration on the platform does not imply nor guarantee the User will be hired by any of the organizations.

Once the User and the organization interested in their profile make contact, HumanSurge does not intervene, nor participate in the relationship and/or contractual or other commitment of any other kind which may arise between the User and the organization. Working conditions, guarantees, and contracts are something the User and the organization have to negotiate without HumanSurge participating in any way. Therefore, HumanSurge does not have any responsibility nor will ever be responsible or will ever pay out, on any terms or conditions agreed upon between the User and the organizations of the platform, neither will be liable for any incidence or problem that may occur in such conditions, nor the breach of them by any of the parties.

HumanSurge assumes no responsibility for illicit acts or others derived or related to the use of the platform by the User, nor the content or the information shared by the Client through illicit use of the platform. To the extent that such limitation of responsibility may not be allowed by the applicable laws, the responsibility of HumanSurge will be limited to the maximum permitted by the Law.

HumanSurge also assumes no responsibility for links that may point to third party sites uploaded by any user of the platform and that may put at risk the computer of the User. The User is responsible for deciding if they want to access such content or not, published from the platform.

The User releases HumanSurge from any responsibilities and responds through compensation of damages for any liability that may be claimed by third parties against HumanSurge for the illicit and unconsented use of the platform, which the User may make and that may cause damage to third parties.

HumanSurge is not an information storage platform, therefore the User accepts that HumanSurge does not have any obligation to store or keep copies of the information the User uploads to the platform, without prejudice of their rights of data protection, defined in the section “treatment of personal data”.

HumanSurge has its own search algorithm of candidates to display them to the organizations interested in certain profiles. The display of the candidates will depend on the profile required by the organization and the geographical area of that profile. The order of results that the algorithm establishes cannot be refuted by the User, who accepts this fact with the acceptance of the contract. The User must take into account that the algorithm values the speed at which the User answers to requests of the organizations and that period of answer might be less than a period of 24 hours.

Force majeure

HumanSurge will remain exempt from fulfilling its obligations of maintaining the platform for the User in cases of force majeure in which the correct working of the platform becomes impossible on account of, among other causes and including but not limited to: strikes, fire, flooding, government acts, acts of terrorism, restraining orders, supply failure, telecommunications failure, or any other reason under which maintaining normal operation of the platform may be out of the control of HumanSurge and which has not been caused by its own negligence.

Termination of the service

The User may terminate this Contract cancelling their subscription at any time. At the point of cancellation, the organizations will stop having access to the User’s profile.

Likewise, HumanSurge will be able to terminate the service for business reasons, whenever they consider convenient, without need to justify or provide clarifications regarding the reasons towards the User.

The User acknowledges that HumanSurge reserves the right, discretionally and unilaterally, to deactivate the User’s account, blocking their IP address, or any other action that involves blocking access for the User to the services of the platform. This will happen if HumanSurge detects that the actions of the Client breach the conditions intended in this contract. The Client acknowledges that HumanSurge will not have liability whatsoever for blocking their access to the platform, as a result of breaching this contract.

This agreement will also terminate if the User fails to comply with the provisions of the contract.

Jurisdiction and applicable legislation

The contract and all and each of the conflicts that may directly or indirectly arise from or relate to the Contract, will be ruled by the laws of the Kingdom of Spain, independently and excluding of the rules of international private law and in the jurisdiction of the Courts of Madrid City.

 

Before any controversy regarding the interpretation of the terms of the present conditions, the original Spanish language version is the one which will prevail.

Version 1.0 of the legal notice and conditions of use dated February 1st 2016.

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